Walker v. Wilmarth
Supreme Court of Vermont
Action on the case. Plea, the general issue, with a notice. Trial by Jury at the June Term, 1864, Poland, Ch. J., presiding. It appeared that on the 24th day of November, 1859, the defendant, then constable of the town of Lyndon, served a writ in favor of one Whipple, by attaching and taking into his possession the plaintiff’s horses and other personal property.
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Action on the case. Plea, the general issue, with a notice. Trial by Jury at the June Term, 1864, Poland, Ch. J., presiding. It appeared that on the 24th day of November, 1859, the defendant, then constable of the town of Lyndon, served a writ in favor of one Whipple, by attaching and taking into his possession the plaintiff’s horses and other personal property. It was conceded that at the December Term, 1862, Whipple was non-suited; that upon the application of the plaintiff in that suit, the property attached on the writ was sold at public auction by the defendant on the 19th day of…
1Opinion of the Court
Barrett, J,
The plaintiff’s property having been attached on mesne process by the defendant, as constable, was sold by him on the writ at the request of the attaching creditor, pursuant to the provisions of the Compiled Statutes. The attachment was made on the 24th of November, 1859. On the 28th of October, 1859, the act was approved and went into effect, amending § 30 of ch. 31 of the Compiled Statutes, so as to require written notice to be given by the officer to the other party, when application is made to him by one of the partiesl'to sell the property upon the writ.
In the present case…
2Cases cited1 opinion
- Bridges v. PerrySupreme Court of Vermont · 1842
3Cited by3 opinions
- Bean v. ColtonSupreme Court of Vermont · 1925
- Goodrich v. ChappellSupreme Court of Vermont · 1916
- Ide v. FassettSupreme Court of Vermont · 1872